Chamber Hearing – June 2017

CHAMBER HEARING June 2017 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Davidson Kelvin Baptiste, Justice of Appeal Case Name: Webster Dyrud Mitchell (A Partnership) John Dyrud Palmavon Webster Appellants/Respondents v Jenny Lindsay Respondent/Applicant [AXAHCVAP2017/0001] Jenny Lindsay Appellant/Applicant v Webster Dyrud Mitchell (A Partnership) John Dyrud Palmavon Webster Respondents [AXAHCVAP2017/0002] (Anguilla) Tuesday, 6thJune 2017 (Webster) Issue: Application for consolidation of appeals – Application for extension of time to file and serve skeleton arguments, core bundle and record of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application to consolidate is dismissed.

2.The applicant is granted an extension of time to file and serve skeleton arguments in appeal AXAHCVAP2017/0002.

3.The applicant is to file and serve skeleton arguments with 42 days of the date of this order. Reasons: The Court noted that it has a discretionary power to consolidate and that the discretion is to be used to further the overriding objective of the Civil Procedure Rules to ensure that cases are dealt with fairly, expeditiously and proportionately with a view to saving expense and time. The Court also noted that though the appeals concern the same factual matrix, and there are common questions of fact and law, the same trial and same judgment, the respondent’s appeal is of a very narrow compass while the applicant’s appeal is considerably broader in scope. The matters covered by the respondent’s appeal constitute a minute fraction of the applicant’s appeal. The Court further noted that the common question of law or fact does not bear sufficient importance in proportion to the rest of the appeal and that there is no common appellant or respondent in the two appeals. The Court considered the existing factual matrix, notably that the respondent’s appeal is ripe for hearing and has been listed for hearing in October 2017 and that the applicant is seeking an extension of time for the preparation of the Record of Appeal and submissions, with the potential for jeopardizing the timely prosecution of the respondent’s appeal; The Court had regard to the breadth of the applicant’s appeal and was of the view that it is unlikely that an order for consolidation will result in significant saving of time or expense or is necessary to deal with the appeals justly. Case Name: Dickenson Bay Hotel Management Ltd., d/b/a Sandals Antigua v Miriam Myers [ANUHCVAP2016/0022] (Antigua and Barbuda) Date: Tuesday, 6th June 2017 On paper: Applicant: Ms. E. Ann Henry, QC (Henry & Burnette) Respondent: Ms. Cherissa Roberts Thomas (Roberts Thomas & Associates) Issue: Application for extension of time to file application to discharge order of single judge – Application to admit fresh evidence Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for extension of time to file an application to discharge an order given by a single judge and to admit fresh evidence is referred to a sitting of the Full Court. 2. The Chief Registrar is directed to liaise with the parties as to an appropriate time for the hearing of the application at one of the court's sitting. Case Name: Flat Point Development Limited v Mary Dooley [ANUHCVAP2015/0029] (Antigua and Barbuda) Date: Tuesday, 6th June 2017 On paper: Applicant: Ms. Jacqueline L. Walwyn Issues: Application for extension of time to seek leave to appeal – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to seek leave to appeal the order of Lanns J refusing a stay of execution of the order of Cottle J. 2. The applicant is granted leave to appeal the order of Lanns J refusing a stay of execution of the order of Cottle J. 3. The applicant is to file and serve the notice of appeal within 14 days of this order. Case Name: Mount St. John’s Medical Centre Board v Jace Sam (a minor) by his next friend Toshanna Longhorn [ANUHCVAP2017/0004] (Antigua and Barbuda) Date: Tuesday, 6th June 2017 On paper: Applicant : Ms. Andrea C. Roberts Nicholas (Roberts & Co) Respondent: Ms. Denise Jonas Parillon (Jonas Parillon & Co.) Issue: Application for extension of time to appeal Result/Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to file a notice of appeal. 2. The applicant is to file and serve a notice of appeal within 14 days of this order. Reason: The Court noted that the applicant had met the threshold requirements for the grant of an extension of time to appeal. Case Name: Trevor Santos v Horizon Construction Limited [ANUHCVAP2011/0015] (Antigua and Barbuda) Date: Tuesday, 6th June 2017 On paper: Applicant: Ms. C. Debra Burnette (Henry & Burnette) Respondent: Mr. Craig L. Jacas ( Stapleton Chambers) Issues: Application for extension of time to comply with orders of the Court Result / Order: IT IS HEREBY ORDERED THAT: 1. The parties are granted an extension of time to comply with the order made on 1st March 2017. 2. The parties shall within 21 days of the date of this order meet and agree to settle a statement of what occurred at the trial of the action and deliver the same to the Court office having signified in writing that they shall be used in the appeal. 3. The appellant shall file the record of appeal within 21 days of the agreement of the record of appeal by the parties.

4.The appellant shall file and serve skeleton arguments and authorities within 21 days of the filing of the record of appeal.

5.The respondent shall file and serve skeleton arguments and authorities within 21 days of receipt of the appellant’s arguments. Case Name: Eurel Hodge v Peach Hallpike Hodge [ANUHCVAP2017/0010] (Antigua and Barbuda) Date: Tuesday, 6th June 2017 On paper: Applicant: Ms. Saska Diamond Issue: Application for extension of time to file notice of appeal – Application for stay of execution Result / Order & Reason: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to file a notice of appeal against the judgment and order of Lanns J dated 7th March 2017. 2. The applicant is to file and serve the notice of appeal within 14 days of the date of this order. 3. The application for a stay of execution of the order of Lanns J pending the hearing and determination of the appeal is refused as the applicant has not proffered cogent evidence going towards the risk of injustice if a stay is refused. 4. The costs of the application be costs in the appeal. Case Name: Leroy King v (1) The Attorney General of Antigua and Barbuda (2) Minister of Foreign Affairs [ANUHCVAP2017/0011] (Antigua and Barbuda) Date: Tuesday, 6th June 2017 On paper: Applicant: Dr. David Dorsett (Watt, Dorsett &Company) Respondent: Ms. Bridget Nelson, Senior Crown Counsel Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal the judgment of Ramdhani J (Ag.) dated 19th April 2017. 2. The applicant is to file and serve the notice of appeal within 14 days of the date of this order. Reasons: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Peter Winston v Dianne Telemaque [DOMHCVAP2012/0017] (Commonwealth of Dominica) Ms. Hazel Johnson (de Freitas, de Freitas and Johnson Date: Tuesday, 6th June 2017 On paper: Applicant/Resp ondent : Mrs. Gina Dyer-Munro (Dyer & Dyer) Respondent/ Appellant Issue: Application for extension of time to file and serve skeleton arguments Result / Order: IT IS HEREBY ORDERED THAT: 1. The respondent is granted an extension of time to file and serve skeleton arguments. 2. The respondent’s skeleton arguments to be filed and served within 30 days of the date of this order. Case Name: Bertie Jeffers Bertist Jeffers v Kerlvin Julien Alexandrina Victorine [DOMHCVAP2017/0005] (Commonwealth of Dominica) Date: Tuesday, 6th June 2017 On paper: Applicant: Mrs. Gina Dyer-Munro (Dyer & Dyer) Issue: Application for leave to appeal – Application for stay of execution pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The notice of application for leave to appeal the judgment of Stephenson J delivered on the 14th day of March 2017 and for a stay of execution is adjourned to the next sitting of the Court of Appeal in the Commonwealth of Dominica during the week of 18th to 22nd September 2017. Case Name: Harold Tyson v The Queen [DOMHCRAP2017/0001] (Commonwealth of Dominica) Date: Tuesday, 6th June 2017 On paper: Applicant: In person Issues: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to appeal against his conviction and sentence imposed on 17th March 2017. Reason: The Court was of the view that the applicant had met the threshold requirements for the grant of leave to appeal. The Court noted however, the order of Thom JA dated 4th May 2017 directing the registrar of the High Court to provide the Court with a copy of the certificate of conviction and sentence imposed on the applicant within 14 days and that the minute of conviction and sentence was not attached to the application. Case Name: Liana Leanne Prince Charles v Derrickson Charles [DOMHCVAP2013/0023] (Commonwealth of Dominica) Date: Tuesday, 6th June 2017 On paper: Applicant: Mrs. Gina Dyer-Munro (Dyer & Dyer) Respondent: Mrs. Hazel Johnson (de Freitas, de Freitas & Johnson) Issue: Application for extension of time to file and serve submissions – Application for relief from sanction Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to file and serve skeleton arguments. 2. The applicant is to file and serve the skeleton arguments within 30 days of the date of this order. Case Name: Lisa Mondesire Maxime v Augustus Jefferson Maxime [DOMHCVAP2017/0002] (Commonwealth of Dominica) Date: Tuesday, 6th June 2017 On paper: Applicant: Mrs. Dawn Yearwood-Stewart Issue: Application for stay of execution pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The notice of application for a stay of the orders of Stephenson J dated 21st November, 2016 is adjourned to the next sitting of the Court of Appeal in the Commonwealth of Dominica scheduled for the week of 18th to 22nd September, 2017. Case Name: Gary Jno. Finn v The State [DOMHCRAP2017/0002] (Commonwealth of Dominica) Date: Tuesday, 6th June 2017 On paper: Applicant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to appeal against sentence. Reason: The Court was of the view that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Christian Benoit v 1. Matilda Julien John-Rose 2. Colaire Julien as personal representative of Frank Joseph Julien [DOMHCVAP2013/0009] (Commonwealth of Dominica) Ms. Rose-Anne Charles Date: Tuesday 6th June 2017 On paper: Applicant/Resp ondent: Issues: Application to strike out appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: 1. The applicant is to provide proof of service of the notice of application dated 5th May 2017 to strike out the appeal filed by the appellant on the 24th April 2013 on or before 25th June 2017. 2. The applicant is to file an affidavit in support of the application and skeleton arguments on or before 1st July 2017. Case Name: Arthur Braveboy v The Queen [GDAHCRAP2017/0003] (Grenada) Date: Tuesday, 6th June 2017 On paper: Applicant: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to appeal against his sentence. Reason: The Court was of the view that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Samike St. Hillaire v Commissioner of Police [GDAMCRAP2017/0003] (Grenada) Date: Tuesday, 6th June 2017 On paper: Applicant: Mr. Anselm B. Clouden (Grenlaw Chambers) Issues: Application for extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to appeal his conviction and sentence. 2. The applicant is to file a Notice of Appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold requirements for the grant of an extension of time. Case Name: Bevin Ettienne v The Queen [GDAMCRAP2017/0006] (Grenada) Date: Tuesday, 6th June 2017 On paper: Applicant: In person Issues: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted an extension of time to appeal against conviction and sentence and leave to appeal against sentence. Case Name: Jacqueline Charles v Emery Thorne [GDAHCVAP2017/001] (Grenada) Date: Tuesday, 6th June 2017 On paper: Applicant: Mr. Ian H.H. Sandy (Amicus Attorneys) Respondent: Ms. Celene Edwards ( Law Office of George E.D. Clyne) Issues: Application for extension of time to appeal – Application for leave to appeal – Application for stay of execution Result / Order & Reason: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time within which to appeal and leave to appeal the order of Aziz J dated 10th July 2015 orally clarified by him on 31st March, 2017 and amended by the order of Adrien- Roberts J dated 31st March, 2017. 2. The application for a stay of execution of the said order is refused as the applicant has failed to provide cogent evidence to enable the court to exercise its discretion to grant a stay. 3. The notice of appeal is to be filed within 14 days of the date of this order. Case Name: Kelly Gangadeen Kelly Gangadeen (Administrator for the estate of Vera Gangadeen) v Samora Mitchell Alvin Modeste [GDAHCVAP2017/0011] (Grenada) Date: Tuesday, 6th June 2017 On paper: Applicant: Ms. Rena Banfield (Danny Williams & Co.) Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Adrien- Roberts J is adjourned for oral hearing to the Full Court at its sitting in Grenada during the week of 2nd to 6th October, 2017. Reason: The Court was minded to refuse leave to appeal and acted in accordance with rule 62.2(5) of the Civil Procedure Rules 2000. Case Name: Karen Roden Layne v Grenada Cooperative Bank [GDAHCVAP2017/0012] (Grenada) Date: Tuesday, 6th June 2017 On paper: Applicant: Mr. Jerry Edwin Issue: Application for leave to appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: 1. The applicant is to file the order in respect of which leave to appeal is sought on or before the 21st day of June 2017. 2. The application is adjourned to the next chamber hearing scheduled for 4th July, 2017. Case Name: Kyam Veira Joel Phillip Keithroy Phillip v The Attorney General of St. Christopher & Nevis The Director of Public Prosecutions [SKBHCVAP2017/0004] (Federation of Saint Christopher and Nevis) Date: Tuesday, 6th June 2017 On paper: Applicant: Mr. O’Grenville Browne ( Browne & Associates) Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicants are granted leave to appeal the orders of Ward J QC contained in the judgment dated 24th March 2017. 2. The applicants are to file the notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicants had met the threshold requirements for the grant of leave to appeal. Case Name: Delisle Walwyn & Co. Ltd v Vivar Edwards [SKBMCVAP2017/0001] (Federation of Saint Christopher and Nevis) Date: Tuesday, 6th June 2017 On paper: Applicant: Ms. Natasha Grey Respondent: Ms. Sherry – Ann Liburd-Charles (Gonsalves Parry) Issues: Application for extension of time to file notice of counter appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted an extension of time to file a Notice of Counter-appeal against the order made by the learned Magistrate Her Honor Donna Harris on the 29th march 2017. Case Name: Devorn Phillip v The Queen [SLUHCRAP2017/0006] (Saint Lucia) Date: Tuesday, 6th June 2017 On paper: Applicant: In person Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to appeal sentence. 2. The applicant is granted leave to appeal against sentence. 3. The applicant is to file and serve the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Yanne Drysdale v The Queen [SLUHCRAP2017/0003] (Saint Lucia) Date: Tuesday, 6th June 2017 On paper: Applicant: In person Issues: Application for leave to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to appeal sentence. 2. The applicant is to file and serve the notice of appeal within 21 days of the date of this Order. Reason: The Court noted that the certificate of conviction and sentence was not attached to the application. The Court also noted that there was no evidence of service of the application on the Director of Public Prosecutions. The Court further noted the order of Thom JA dated 4th May 2017 which directed the Registrar of the High Court to (1) provide the Court with a copy of the certificate of conviction and sentence within 14 days of the date of the order and to (2) serve a copy of the application and certificate of conviction and sentence on the Director of Public Prosecutions within 14 days and to provide proof of service to the Court within 21 days of the date of the order. The Court noted that said order had not been complied with. Case Name: Meat Express Limited Claimant And 1. Prestige Fish Processing Inc. 2. Gregory Charles Defendants/ Ancillary Claimants/Intended Respondents Bank of Saint Lucia Limited Intended Appellant/ Ancillary Defendant [SLUHCVAP2017/0014] (Saint Lucia) Date: Tuesday, 6th June 2017 On paper: Applicant: Ms. Cleopatra McDonald (Deterville,Thomas & Co.) Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal the order of Master Actie dated March 2nd 2017 refusing the application for permission to appeal the decision decision dated 2nd March 2017. 2. The applicant is to file and serve the notice of appeal within 14 days of the date of this order. 3. The execution of the order of Master Actie is stayed pending the hearing and determination of the appeal. 4. The applicant is granted leave to serve the respondents by email. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Kendall Caul v The Queen [SLUHCRAP2017/0007] (Saint Lucia) Date: Tuesday, 6th June 2017 On paper: Applicant: In person Issues: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to appeal sentence. 2. The applicant is to file and serve the notice of appeal within 21 days of the date of this Order. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of an extension of time to appeal. Case Name: Ruth Narcisse v Rasheidi Adolph [SLUHCVAP2017/0004] (Saint Lucia) Date: Tuesday, 6th June 2017 On paper: Applicant: Ms. Cynthia Hinkson-Ouhla (Pierre and Mondesir) Issues: Application for relief from sanction – Application for extension of time to file and serve notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to file a notice of appeal against the order of Master Actie ordering costs against the applicant’s attorney for being absent from court. 2. The applicant is to file the notice of appeal within 7 days of the date of this order. Case Name: Pedro Ramon Narvaez Rodriguez v Attorney General [SLUHCVAP2015/0002] Mrs. Brender Portland-Reynolds, Solicitor General (Saint Lucia) Date: Tuesday, 6th June 2017 On paper: Respondent/ Applicant: Issues: Application to dismiss appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: The notice of application filed on 26th January 2015 is dismissed for want of prosecution. Case Name: James Doxilly v Sean Alexander Corporal 476 [SLUMCRAP2006/0007] (Saint Lucia) Date: Tuesday, 6th June 2017 On paper: Applicant: In person Issues: Application for stay of execution Result / Order & Reason: IT IS HEREBY ORDERED THAT: 1. The applicant is to serve a copy of the application for the stay of execution and extension of time to comply with the order of the Court of Appeal dated 26th January 2017 on the Director of Public Prosecutions within 10 days of this Order. 2. The application is adjourned to the next chamber hearing scheduled for 4th July 2017. Case Name: C & R Enterprises Limited v Bank of Saint Vincent and The Grenadines Ltd. [SVGHCVAP2016/0034] (Saint Vincent and the Grenadines) Date: Tuesday, 6th June 2017 On paper: Applicant: Ms. Maia Eustace Issues: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to file and serve skeleton submissions in support of its application for a stay of execution of the order of Henry J dated 30th November, 2016. 2. The applicant is to file and serve skeleton submissions within 21 days of the date of this order. Case Name: Hagar Miller v Daniel Nichols [SVGHCVAP2016/0028] [Saint Vincent and the Grenadines] Date: Tuesday, 6th June 2017 On paper: Applicant/Resp ondent: Ms. Ashelle Morgan (Morgan Law) Ms. Euchrista St.Hilaire Bruce-Lyle (Esthbl Legal Services) Respondent/ Appellant: Issues: Application to strike out appeal for want of prosecution Result / Order: IT IS HEREBY ORDERED THAT: 1. The application to strike out the appeal for want of prosecution is dismissed. 2. The appellant should provide proof of service on the respondent of the application filed on the 2nd June, 2017 within 7 days of the date of this order. 3. The application of 2nd June, 2017 is adjourned to the next Chamber sitting scheduled for 4th July, 2017. Reason: The Court noted that the default was not intentional or contumelious and that the delay was not inordinate or inexcusable. The Court was of the view that the delay had not given rise to a substantial risk so that it is not possible to have a fair hearing of the issues in the appeal, or otherwise prejudice the applicant. Case Name: Kim Russell Romney v John Chinnery [BVIHCVAP2017/0001] (Territory of the Virgin Islands) Date: Tuesday, 6th June 2017 On paper: Applicant: Ms. Ruth-Ann Richards ( Maximea & Co. Law Chamber) Issues: Application for extension of time to deem documents properly served – Application to amend notice of appeal and other documents Result / Order & Reason : IT IS HEREBY ORDERED THAT: 1. The applicant is to provide proof of service of the application on the respondent within 10 days of the date of this order. 2. The application is adjourned to the next Chamber hearing scheduled for 4th July, 2017. Case Name: (1) Friar Tuck Limited (2) Quiver Inc v The International Tax Authority [BVIHCVAP2017/0003] (Territory of the Virgin Islands) Date: Tuesday, 6th June 2017 On paper: Applicant: Mr. Jonathan Addo (Harney Westwood & Riegels) Issues: Application for extension of time to file submissions Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to file written submissions and six bundles pursuant to Rule 62.10 of the Civil Procedure Rules 2000. 2. The applicant is to file and serve the written submissions and the six bundles within 21 days of the date of this order. Case Name: KMG International NV v DP Holding SA (a company incorporated under the laws of Switzerland) [BVIHCMAP2017/0013] (Territory of the Virgin Islands) Date: Tuesday, 6th June 2017 On paper: Applicant: Mr. Mark Forte (Conyers Dill and Pearman) Respondent: Ms. Eleanor Morgan and Mr. Shane Donovan (Mourant Ozannes) Issues: Application for leave to appeal Result/Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal the judgment of Wallbank J (Ag.) made on 10th May 2017. 2. The applicant is to file the notice of appeal within 14 days of this order. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: BCA International Limited v Aman Resorts Group Limited (BVIHCMAP2017/0012) [Territory of the Virgin Islands] Date: Tuesday, 6th June 2017 On paper: Applicant: Ms. Adenike M. Sicard (Sinclairs) Issues: Application for leave to appeal Result/Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal is adjourned for hearing at the sitting of the Full Court in the Territory of the Virgin Islands during the week of 10th to 14th July, 2017. Case Name: Thomas Martin Evans v Aman Resorts Group Limited [BVIHCMAP2017/0011] (Territory of the Virgin Islands) Date: Tuesday, 6th June 2017 On paper: Applicant: Ms. Adenike M. Sicard (Sinclairs) Issues: Application for leave to appeal Result/Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal is adjourned for hearing at the sitting of the Full Court in the Territory of the Virgin Islands during the week of 10th to 14th July, 2017.

CHAMBER HEARING June 2017 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Davidson Kelvin Baptiste, Justice of Appeal Case Name: Webster Dyrud Mitchell (A Partnership) John Dyrud Palmavon Webster Appellants/Respondents v Jenny Lindsay Respondent/Applicant [AXAHCVAP2017/0001] Jenny Lindsay Appellant/Applicant v Webster Dyrud Mitchell (A Partnership) John Dyrud Palmavon Webster Respondents [AXAHCVAP2017/0002] (Anguilla) Date: Tuesday, 6 th June 2017 On paper: Applicant: Mr. John Fuller (Jenny Lindsay & Associates) Respondents: Mr. John Carrington, QC and Ms. Rayana Dowden (Webster) Issue: Application for consolidation of appeals – Application for extension of time to file and serve skeleton arguments, core bundle and record of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application to consolidate is dismissed.

2.The applicant is granted an extension of time to file and serve skeleton arguments in appeal AXAHCVAP2017/0002.

3.The applicant is to file and serve skeleton arguments with 42 days of the date of this order. Reasons: The Court noted that it has a discretionary power to consolidate and that the discretion is to be used to further the overriding objective of the Civil Procedure Rules to ensure that cases are dealt with fairly, expeditiously and proportionately with a view to saving expense and time. The Court also noted that though the appeals concern the same factual matrix, and there are common questions of fact and law, the same trial and same judgment, the respondent’s appeal is of a very narrow compass while the applicant’s appeal is considerably broader in scope. The matters covered by the respondent’s appeal constitute a minute fraction of the applicant’s appeal. The Court further noted that the common question of law or fact does not bear sufficient importance in proportion to the rest of the appeal and that there is no common appellant or respondent in the two appeals. The Court considered the existing factual matrix, notably that the respondent’s appeal is ripe for hearing and has been listed for hearing in October 2017 and that the applicant is seeking an extension of time for the preparation of the Record of Appeal and submissions, with the potential for jeopardizing the timely prosecution of the respondent’s appeal; The Court had regard to the breadth of the applicant’s appeal and was of the view that it is unlikely that an order for consolidation will result in significant saving of time or expense or is necessary to deal with the appeals justly. Case Name: Dickenson Bay Hotel Management Ltd., d/b/a Sandals Antigua v Miriam Myers [ANUHCVAP2016/0022] (Antigua and Barbuda) Date: Tuesday, 6 th June 2017 On paper: Applicant: Ms. E. Ann Henry, QC (Henry & Burnette) Respondent: Ms. Cherissa Roberts Thomas (Roberts Thomas & Associates) Issue: Application for extension of time to file application to discharge order of single judge – Application to admit fresh evidence Result / Order: IT IS HEREBY ORDERED THAT:

4.The appellant shall file and serve skeleton arguments and authorities within 21 days of the filing of the record of appeal.

5.The respondent shall file and serve skeleton arguments and authorities within 21 days of receipt of the appellant’s arguments. Case Name: Eurel Hodge v Peach Hallpike Hodge [ANUHCVAP2017/0010] (Antigua and Barbuda) Date: Tuesday, 6 th June 2017 On paper: Applicant: Ms. Saska Diamond Issue: Application for extension of time to file notice of appeal – Application for stay of execution Result / Order & Reason: IT IS HEREBY ORDERED THAT:

1.The application for extension of time to file an application to discharge an order given by a single judge and to admit fresh evidence is referred to a sitting of the Full Court.

2.The Chief Registrar is directed to liaise with the parties as to an appropriate time for the hearing of the application at one of the court’s sitting. Case Name: Flat Point Development Limited v Mary Dooley [ANUHCVAP2015/0029] (Antigua and Barbuda) Date: Tuesday, 6 th June 2017 On paper: Applicant: Ms. Jacqueline L. Walwyn Issues: Application for extension of time to seek leave to appeal – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time to seek leave to appeal the order of Lanns J refusing a stay of execution of the order of Cottle J.

2.The applicant is granted leave to appeal the order of Lanns J refusing a stay of execution of the order of Cottle J.

3.The applicant is to file and serve the notice of appeal within 14 days of this order. Case Name: Mount St. John’s Medical Centre Board v Jace Sam (a minor) by his next friend Toshanna Longhorn [ANUHCVAP2017/0004] (Antigua and Barbuda) Date: Tuesday, 6 th June 2017 On paper: Applicant : Ms. Andrea C. Roberts Nicholas (Roberts & Co) Respondent: Ms. Denise Jonas Parillon (Jonas Parillon & Co.) Issue: Application for extension of time to appeal Result/Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time to file a notice of appeal.

2.The applicant is to file and serve a notice of appeal within 14 days of this order. Reason: The Court noted that the applicant had met the threshold requirements for the grant of an extension of time to appeal. Case Name: Trevor Santos v Horizon Construction Limited [ANUHCVAP2011/0015] (Antigua and Barbuda) Date: Tuesday, 6 th June 2017 On paper: Applicant: Ms. C. Debra Burnette (Henry & Burnette) Respondent: Mr. Craig L. Jacas ( Stapleton Chambers) Issues: Application for extension of time to comply with orders of the Court Result / Order: IT IS HEREBY ORDERED THAT:

1.The parties are granted an extension of time to comply with the order made on 1 st March 2017.

2.The parties shall within 21 days of the date of this order meet and agree to settle a statement of what occurred at the trial of the action and deliver the same to the Court office having signified in writing that they shall be used in the appeal.

3.The appellant shall file the record of appeal within 21 days of the agreement of the record of appeal by the parties.

1.The applicant is granted an extension of time to file a notice of appeal against the judgment and order of Lanns J dated 7 th March 2017.

2.The applicant is to file and serve the notice of appeal within 14 days of the date of this order.

3.The application for a stay of execution of the order of Lanns J pending the hearing and determination of the appeal is refused as the applicant has not proffered cogent evidence going towards the risk of injustice if a stay is refused.

4.The costs of the application be costs in the appeal. Case Name: Leroy King v (1) The Attorney General of Antigua and Barbuda (2) Minister of Foreign Affairs [ANUHCVAP2017/0011] (Antigua and Barbuda) Date: Tuesday, 6 th June 2017 On paper: Applicant: Dr. David Dorsett (Watt, Dorsett &Company) Respondent: Ms. Bridget Nelson, Senior Crown Counsel Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal the judgment of Ramdhani J (Ag.) dated 19 th April 2017.

2.The applicant is to file and serve the notice of appeal within 14 days of the date of this order. Reasons: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Peter Winston v Dianne Telemaque [DOMHCVAP2012/0017] (Commonwealth of Dominica) Date: Tuesday, 6 th June 2017 On paper: Applicant/Respondent : Ms. Hazel Johnson (de Freitas, de Freitas and Johnson Respondent/ Appellant Mrs. Gina Dyer-Munro (Dyer & Dyer) Issue: Application for extension of time to file and serve skeleton arguments Result / Order: IT IS HEREBY ORDERED THAT:

1.The respondent is granted an extension of time to file and serve skeleton arguments.

2.The respondent’s skeleton arguments to be filed and served within 30 days of the date of this order. Case Name: Bertie Jeffers Bertist Jeffers v Kerlvin Julien Alexandrina Victorine [DOMHCVAP2017/0005] (Commonwealth of Dominica) Date: Tuesday, 6 th June 2017 On paper: Applicant: Mrs. Gina Dyer-Munro (Dyer & Dyer) Issue: Application for leave to appeal – Application for stay of execution pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The notice of application for leave to appeal the judgment of Stephenson J delivered on the 14 th day of March 2017 and for a stay of execution is adjourned to the next sitting of the Court of Appeal in the Commonwealth of Dominica during the week of 18 th to 22 nd September 2017. Case Name: Harold Tyson v The Queen [DOMHCRAP2017/0001] (Commonwealth of Dominica) Date: Tuesday, 6 th June 2017 On paper: Applicant: In person Issues: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to appeal against his conviction and sentence imposed on 17 th March 2017. Reason: The Court was of the view that the applicant had met the threshold requirements for the grant of leave to appeal. The Court noted however, the order of Thom JA dated 4 th May 2017 directing the registrar of the High Court to provide the Court with a copy of the certificate of conviction and sentence imposed on the applicant within 14 days and that the minute of conviction and sentence was not attached to the application. Case Name: Liana Leanne Prince Charles v Derrickson Charles [DOMHCVAP2013/0023] (Commonwealth of Dominica) Date: Tuesday, 6 th June 2017 On paper: Applicant: Mrs. Gina Dyer-Munro (Dyer & Dyer) Respondent: Mrs. Hazel Johnson (de Freitas, de Freitas & Johnson) Issue: Application for extension of time to file and serve submissions – Application for relief from sanction Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time to file and serve skeleton arguments.

2.The applicant is to file and serve the skeleton arguments within 30 days of the date of this order. Case Name: Lisa Mondesire Maxime v Augustus Jefferson Maxime [DOMHCVAP2017/0002] (Commonwealth of Dominica) Date: Tuesday, 6 th June 2017 On paper: Applicant: Mrs. Dawn Yearwood-Stewart Issue: Application for stay of execution pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The notice of application for a stay of the orders of Stephenson J dated 21 st November, 2016 is adjourned to the next sitting of the Court of Appeal in the Commonwealth of Dominica scheduled for the week of 18 th to 22 nd September, 2017. Case Name: Gary Jno. Finn v The State [DOMHCRAP2017/0002] (Commonwealth of Dominica) Date: Tuesday, 6 th June 2017 On paper: Applicant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to appeal against sentence. Reason: The Court was of the view that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Christian Benoit v

1.Matilda Julien John-Rose

2.Colaire Julien as personal representative of Frank Joseph Julien [DOMHCVAP2013/0009] (Commonwealth of Dominica) Date: Tuesday 6 th June 2017 On paper: Applicant/Respondent: Ms. Rose-Anne Charles Issues: Application to strike out appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT:

1.The applicant is to provide proof of service of the notice of application dated 5 th May 2017 to strike out the appeal filed by the appellant on the 24 th April 2013 on or before 25 th June 2017.

2.The applicant is to file an affidavit in support of the application and skeleton arguments on or before 1 st July 2017. Case Name: Arthur Braveboy v The Queen [GDAHCRAP2017/0003] (Grenada) Date: Tuesday, 6 th June 2017 On paper: Applicant: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to appeal against his sentence. Reason: The Court was of the view that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Samike St. Hillaire v Commissioner of Police [GDAMCRAP2017/0003] (Grenada) Date: Tuesday, 6 th June 2017 On paper: Applicant: Mr. Anselm B. Clouden (Grenlaw Chambers) Issues: Application for extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time to appeal his conviction and sentence.

2.The applicant is to file a Notice of Appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold requirements for the grant of an extension of time. Case Name: Bevin Ettienne v The Queen [GDAMCRAP2017/0006] (Grenada) Date: Tuesday, 6 th June 2017 On paper: Applicant: In person Issues: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted an extension of time to appeal against conviction and sentence and leave to appeal against sentence. Case Name: Jacqueline Charles v Emery Thorne [GDAHCVAP2017/001] (Grenada) Date: Tuesday, 6 th June 2017 On paper: Applicant: Mr. Ian H.H. Sandy (Amicus Attorneys) Respondent: Ms. Celene Edwards ( Law Office of George E.D. Clyne) Issues: Application for extension of time to appeal – Application for leave to appeal – Application for stay of execution Result / Order & Reason: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time within which to appeal and leave to appeal the order of Aziz J dated 10 th July 2015 orally clarified by him on 31 st March, 2017 and amended by the order of Adrien- Roberts J dated 31 st March, 2017.

2.The application for a stay of execution of the said order is refused as the applicant has failed to provide cogent evidence to enable the court to exercise its discretion to grant a stay.

3.The notice of appeal is to be filed within 14 days of the date of this order. Case Name: Kelly Gangadeen Kelly Gangadeen (Administrator for the estate of Vera Gangadeen) v Samora Mitchell Alvin Modeste [GDAHCVAP2017/0011] (Grenada) Date: Tuesday, 6 th June 2017 On paper: Applicant: Ms. Rena Banfield (Danny Williams & Co.) Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Adrien- Roberts J is adjourned for oral hearing to the Full Court at its sitting in Grenada during the week of 2 nd to 6 th October, 2017. Reason: The Court was minded to refuse leave to appeal and acted in accordance with rule 62.2(5) of the Civil Procedure Rules 2000. Case Name: Karen Roden Layne v Grenada Cooperative Bank [GDAHCVAP2017/0012] (Grenada) Date: Tuesday, 6 th June 2017 On paper: Applicant: Mr. Jerry Edwin Issue: Application for leave to appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT:

1.The applicant is to file the order in respect of which leave to appeal is sought on or before the st day of June 2017 .

2.The application is adjourned to the next chamber hearing scheduled for 4 th July, 2017. Case Name: Kyam Veira Joel Phillip Keithroy Phillip v The Attorney General of St. Christopher & Nevis The Director of Public Prosecutions [SKBHCVAP2017/0004] (Federation of Saint Christopher and Nevis) Date: Tuesday, 6 th June 2017 On paper: Applicant: Mr. O’Grenville Browne ( Browne & Associates) Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicants are granted leave to appeal the orders of Ward J QC contained in the judgment dated 24 th March 2017.

2.The applicants are to file the notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicants had met the threshold requirements for the grant of leave to appeal. Case Name: Delisle Walwyn & Co. Ltd v Vivar Edwards [SKBMCVAP2017/0001] (Federation of Saint Christopher and Nevis) Date: Tuesday, 6 th June 2017 On paper: Applicant: Ms. Natasha Grey Respondent: Ms. Sherry – Ann Liburd-Charles (Gonsalves Parry) Issues: Application for extension of time to file notice of counter appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted an extension of time to file a Notice of Counter-appeal against the order made by the learned Magistrate Her Honor Donna Harris on the 29 th march 2017. Case Name: Devorn Phillip v The Queen [SLUHCRAP2017/0006] (Saint Lucia) Date: Tuesday, 6 th June 2017 On paper: Applicant: In person Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time to appeal sentence.

2.The applicant is granted leave to appeal against sentence.

3.The applicant is to file and serve the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Yanne Drysdale v The Queen [SLUHCRAP2017/0003] (Saint Lucia) Date: Tuesday, 6 th June 2017 On paper: Applicant: In person Issues: Application for leave to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time to appeal sentence.

2.The applicant is to file and serve the notice of appeal within 21 days of the date of this Order. Reason: The Court noted that the certificate of conviction and sentence was not attached to the application. The Court also noted that there was no evidence of service of the application on the Director of Public Prosecutions. The Court further noted the order of Thom JA dated 4 th May 2017 which directed the Registrar of the High Court to (1) provide the Court with a copy of the certificate of conviction and sentence within 14 days of the date of the order and to (2) serve a copy of the application and certificate of conviction and sentence on the Director of Public Prosecutions within 14 days and to provide proof of service to the Court within 21 days of the date of the order. The Court noted that said order had not been complied with. Case Name: Meat Express Limited Claimant And

1.Prestige Fish Processing Inc.

2.Gregory Charles Defendants/ Ancillary Claimants/Intended Respondents Bank of Saint Lucia Limited Intended Appellant/ Ancillary Defendant [SLUHCVAP2017/0014] (Saint Lucia) Date: Tuesday, 6 th June 2017 On paper: Applicant: Ms. Cleopatra McDonald (Deterville,Thomas & Co.) Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal the order of Master Actie dated March 2 nd 2017 refusing the application for permission to appeal the decision decision dated 2 nd March 2017.

2.The applicant is to file and serve the notice of appeal within 14 days of the date of this order.

3.The execution of the order of Master Actie is stayed pending the hearing and determination of the appeal.

4.The applicant is granted leave to serve the respondents by email. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Kendall Caul v The Queen [SLUHCRAP2017/0007] (Saint Lucia) Date: Tuesday, 6 th June 2017 On paper: Applicant: In person Issues: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time to appeal sentence.

2.The applicant is to file and serve the notice of appeal within 21 days of the date of this Order. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of an extension of time to appeal. Case Name: Ruth Narcisse v Rasheidi Adolph [SLUHCVAP2017/0004] (Saint Lucia) Date: Tuesday, 6 th June 2017 On paper: Applicant: Ms. Cynthia Hinkson-Ouhla (Pierre and Mondesir) Issues: Application for relief from sanction – Application for extension of time to file and serve notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time to file a notice of appeal against the order of Master Actie ordering costs against the applicant’s attorney for being absent from court.

2.The applicant is to file the notice of appeal within 7 days of the date of this order. Case Name: Pedro Ramon Narvaez Rodriguez v Attorney General [SLUHCVAP2015/0002] (Saint Lucia) Date: Tuesday, 6 th June 2017 On paper: Respondent/ Applicant: Mrs. Brender Portland-Reynolds, Solicitor General Issues: Application to dismiss appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: The notice of application filed on 26 th January 2015 is dismissed for want of prosecution . Case Name: James Doxilly v Sean Alexander Corporal 476 [SLUMCRAP2006/0007] (Saint Lucia) Date: Tuesday, 6 th June 2017 On paper: Applicant: In person Issues: Application for stay of execution Result / Order & Reason: IT IS HEREBY ORDERED THAT:

1.The applicant is to serve a copy of the application for the stay of execution and extension of time to comply with the order of the Court of Appeal dated 26 th January 2017 on the Director of Public Prosecutions within 10 days of this Order.

2.The application is adjourned to the next chamber hearing scheduled for 4 th July 2017. Case Name: C & R Enterprises Limited v Bank of Saint Vincent and The Grenadines Ltd. [SVGHCVAP2016/0034] (Saint Vincent and the Grenadines) Date: Tuesday, 6 th June 2017 On paper: Applicant: Ms. Maia Eustace Issues: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time to file and serve skeleton submissions in support of its application for a stay of execution of the order of Henry J dated 30 th November, 2016.

2.The applicant is to file and serve skeleton submissions within 21 days of the date of this order. Case Name: Hagar Miller v Daniel Nichols [SVGHCVAP2016/0028] [Saint Vincent and the Grenadines] Date: Tuesday, 6 th June 2017 On paper: Applicant/Respondent: Ms. Euchrista St.Hilaire Bruce-Lyle (Esthbl Legal Services) Respondent/ Appellant: Ms. Ashelle Morgan (Morgan Law) Issues: Application to strike out appeal for want of prosecution Result / Order: IT IS HEREBY ORDERED THAT:

1.The application to strike out the appeal for want of prosecution is dismissed.

2.The appellant should provide proof of service on the respondent of the application filed on the 2 nd June, 2017 within 7 days of the date of this order.

3.The application of 2 nd June, 2017 is adjourned to the next Chamber sitting scheduled for 4 th July, 2017. Reason: The Court noted that the default was not intentional or contumelious and that the delay was not inordinate or inexcusable. The Court was of the view that the delay had not given rise to a substantial risk so that it is not possible to have a fair hearing of the issues in the appeal, or otherwise prejudice the applicant. Case Name: Kim Russell Romney v John Chinnery [BVIHCVAP2017/0001] (Territory of the Virgin Islands) Date: Tuesday, 6 th June 2017 On paper: Applicant: Ms. Ruth-Ann Richards ( Maximea & Co. Law Chamber) Issues: Application for extension of time to deem documents properly served – Application to amend notice of appeal and other documents Result / Order & Reason : IT IS HEREBY ORDERED THAT:

1.The applicant is to provide proof of service of the application on the respondent within 10 days of the date of this order.

2.The application is adjourned to the next Chamber hearing scheduled for 4 th July, 2017. Case Name: (1) Friar Tuck Limited (2) Quiver Inc v The International Tax Authority [BVIHCVAP2017/0003] (Territory of the Virgin Islands) Date: Tuesday, 6 th June 2017 On paper: Applicant: Mr. Jonathan Addo (Harney Westwood & Riegels) Issues: Application for extension of time to file submissions Result / Order: IT IS HEREBY ORDERED THAT:

1.T he applicant is granted an extension of time to file written submissions and six bundles pursuant to Rule 62.10 of the Civil Procedure Rules 2000.

2.The applicant is to file and serve the written submissions and the six bundles within 21 days of the date of this order. Case Name: KMG International NV v DP Holding SA (a company incorporated under the laws of Switzerland) [ BVIHCMAP2017/0013] (Territory of the Virgin Islands) Date: Tuesday, 6 th June 2017 On paper: Applicant: Mr. Mark Forte (Conyers Dill and Pearman) Respondent: Ms. Eleanor Morgan and Mr. Shane Donovan (Mourant Ozannes) Issues: Application for leave to appeal Result/Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal the judgment of Wallbank J (Ag.) made on 10 th May 2017.

2.The applicant is to file the notice of appeal within 14 days of this order. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: BCA International Limited v Aman Resorts Group Limited ( BVIHCMAP2017/0012) [Territory of the Virgin Islands] Date: Tuesday, 6 th June 2017 On paper: Applicant: Ms. Adenike M. Sicard (Sinclairs) Issues: Application for leave to appeal Result/Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal is adjourned for hearing at the sitting of the Full Court in the Territory of the Virgin Islands during the week of th to 14 th July, 2017. Case Name: Thomas Martin Evans v Aman Resorts Group Limited [ BVIHCMAP2017/0011] (Territory of the Virgin Islands) Date: Tuesday, 6 th June 2017 On paper: Applicant: Ms. Adenike M. Sicard (Sinclairs) Issues: Application for leave to appeal Result/Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal is adjourned for hearing at the sitting of the Full Court in the Territory of the Virgin Islands during the week of th to 14 th July, 2017.